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Judge: Point Beach Parking Plan Can Continue For Now

Judge Grasso denies motion for injunction filed by marina, charter boats and GOP officials

A Superior Court judge ruled Friday afternoon that Point Beach can continue operating its new for now, denying a motion filed by a group suing the town.

State Superior Court Assignment Judge Vincent Grasso, sitting in Toms River, denied a request by a group of commercial charter boats, a marina and a small group of residents for an injunction to block the parking plan which restricts parking from midnight to 6 a.m. on municipal roads in District 4, said Municipal Attorney Sean Gertner.

Councilmember Kris Tooker, who was in Grasso's courtroom with some other municipal officials, said she was glad to hear the decision.

"I feel that we finally had a fair chance!" she said, a clear reference to the news one week ago that t

A full trial will follow to decide whether the parking plan should be allowed to continue for the rest of the summer.

The ordinance creating the parking plan will be in effect only until Sept. 10. If the council wants to revive it next year, it would have to introduce and adopt a new ordinance, which could include modifications.

The lawsuit was initially filed by John Jackson III, an attorney with the law firm of King, Kitrick and Jackson, LLC, 635 Duquesne Blvd., Brick. Jackson is president of the local Republican club and Marilyn Burke, one of the plaintiffs, is Republican club secretary.

However, recently, Ron Gasiorowski, who is also one of the attorneys often representing Jenkinson's and Martell's, has submitted briefs on the lawsuit and he was in court on Friday. He had worked on and lawsuit against the parking plan.

The lawsuits allege that because the plan allows only residents and local taxpayers to park in District 4's metered spots between midnight and 6 a.m., it violates the Public Trust Doctrine, an underpinning of beach access laws that says members of the public should all have equal access to the waterways and beaches, regardless of where they live, according to the lawsuit.

Those filing the lawsuit are:; Purple Jet Fishing Charters, 407 Channel Dr., Point Beach; Golden Touch Charters Inc., 818 South St., Point Pleasant and John Cole of Golden Touch; David Riback, Niblick St.; Richard Fischer, 637 Susan Lane; Brielle; Robert Santanello, Central Avenue, Point Beach; and Rosemarie Iantosca, 205 New Jersey Avenue, Point Beach; the

Free parking is available in the Silver Lake parking lot on Arnold and Ocean avenues from 11 p.m. to 6 a.m.

District 4 Parking Tickets Require Court Appearances

Point Beach police have said that the District 4 parking tickets have no set amount for the fine. Police have said the tickets are "court-mandated summonses," which means those receiving tickets are mandated to appear in court, even if they would rather just plead guilty and mail in a check.

Police said the council has the power to decide to amend the ordinance to place this particular parking ticket on the municipal fee schedule. For example, it could become a $48 parking ticket, which is the typical fine for many of the other parking tickets issued in the municipality.

However Corbally said, "We will not amend the ordinance. We may have night court. It's a pilot program. We will have to work out the kinks after the summer if the council votes to continue the program in 2013."

He noted that Point Beach's jay walking tickets are also "court-mandated."

When asked about the parking tickets requiring court appearances, Councilmembers William Mayer and Stephen Reid said they had not known that was the case when the ordinance was adopted, they were not happy that had not been explained prior to the vote, and they do not agree with that.

A copy of the ordinance does not mention that it calls for "court-mandated summonses."

Point Beach's municipal court sessions are still held in on Bridge Avenue. to its . However, that plan has not come to fruition yet.

Patch has emailed the mayor and other councilmembers to ask their opinions about the "court-mandated" nature of the parking plan and will continue to cover this issue as more information becomes available.

Mr. Happy July 09, 2012 at 06:38 PM
Hi Important and Spooner- You both spun a bit off topic. My post was a response to the statement that Barrella supporters bash the police here on the Patch. That's all. Mr. Happy doesn't care about school issues or budget issues at this time. My examples are from regular bloggers/haters. Heck, even Spooner's post today is confirmation, with another Dikun smear. Sam is a one hit wonder here who heard about police retaliation, evidence planting, etc. From people at a little league field in Toms River. C'mon please.Look, I know it's slow now and absent any news, we tend to create issues for debate. That's fine. But remember, the only thing standing between us and the barbarians at the gate are the police. On a lighter note (for Spooner), the score on Superbowl V was 16-13. You only need to research Judge Grasso and Lassie now. Thanks in advance.
Important Questions July 09, 2012 at 07:16 PM
No one is surprised that a Barrella supporter like Mr. Happy does not "care about school issues or budget issues at this time." That was my point: Barrella and his supporters have only been pretending to care about PPB's schools and police. And we all recognize the style of Joe and Sam and none of them are "one hit wonders" and you know it. Point remains, no matter how much Mr. Happy would like to avoid the point: Barrella supporters are showing their, and his, true colors. They want to remake our schools and our police because they see our school employees and our police, and I quote Sam, as "bloodsucking leeches."
Jay Reynolds July 09, 2012 at 07:38 PM
Amazing isn't it, if you wait long enough the real truth always shows up! All this turmoil and embarrassment being cause by a small group of people who really hate their lives and therefore strive to make everybody elses just as miserable.
Mr. Happy July 09, 2012 at 08:14 PM
Hi Important- We all know there are bloggers here that use multiple aliases. That's fine. You confirm this by saying "we all recognize the style of Joe and Sam." You yourself (Important Q for now) are not new here, clearly. Your style is recognizable too. Some have been discredited and had to change. I get that and I'm pretty sure you do too (wink). Is it an attempt to create the illusion of more naysayers? Or the VC tactic of hit and run? Sorry, but the constant morphing fascinates Mr. Happy. It's frustrating too, because there never is enough material to respond too. Thank God for Spooner.
Important Questions July 09, 2012 at 08:29 PM
Now Mr. Happy these posts aren't about who bloggers are: who cares. Nor is this post about the paranoia the Barrella supporters exhibit concerning whether all these anti Barrella posters are one or many---again who cares. It is not about how many blog pro or con---it is always about the point the blogger makes. Barralleites like you don't like Patch rules because these rules focus on the message, not the messenger. And we all know how Barrella and his minions like to attack the messenger when they don't like the message. No, these posts are not about any of that. These posts are about the fact, which you have yet to dispute because you can't, that Barrella started as a critic of the schools and the police (and of all things PPB for that matter), and only changed his tune when he needed the cops and school community to defeat the recall. The residents now recognize Barrella and his supporters do not, and never did, have any respect for our schools or police. And that, Mr. Happy, is, for you, the uncomfortable truth.
Mr. Happy July 09, 2012 at 08:49 PM
Hi Important- OK. Seems we have exhausted this and just in time, it's almost cocktail hour. Looking forward to future sparring, regardless of whatever heading you post under next. Always, Mr. Happy!
Nick Carraway July 09, 2012 at 11:40 PM
Nobody - Like it!
Nick Carraway July 09, 2012 at 11:45 PM
Mr. Happy, since you'd like to stay on topic, can you maybe provide some answers to my questions about the tickets and fines for the parking plan? Do you know whether any of the tickets that were issued so far have resulted in any of the people coming to court, or are those court dates not yet assigned? Is the fine for those tickets $48 or is that still up in the air, too? It's okay if you don't know the answers to these questions. Just let me know. Thanks.
Important Questions July 09, 2012 at 11:53 PM
Mr. Happy---Shhhh---don't look now but Sam is still posting----you have to check out her paranoid ramblings posted within the hour on the "Barrella calls for State police" article. Truly priceless.
Mr. Happy July 10, 2012 at 12:59 AM
Hi Nick- Pretty sure the fine is $48. Come to court and lose (almost always) add court costs. Not sure that expense. Too early for court dates. I believe there is a Sept. eve court session planned. Punish the deserving? Oh yeah.
Mr. Happy July 10, 2012 at 01:12 AM
Hi Important- Thanks for the update on Sam. Hey, BTW, did you ever read Ball Four by Jim Bouton? Great Book. I will now quote a line by the great Mickey Mantle when he rolled up the window on the bus when accosted by autogragh seekers: "Take a hike son."
Beach_N8iv July 10, 2012 at 02:31 AM
Since you have to go to court (and pay court costs anyhow) you may as well plead not guilty. If the kid that issued the ticket has gone back to school or whatever doesn't show up to court you can get the ticket dismissed. If nothing else you get to help clog the "justice" system up and cost the town a little money.
Important Questions July 10, 2012 at 03:26 AM
Hi Mr. Happy---I see the truth stings. I hike a lot, but I take no orders from you. I prefer a quote, originally directed at a misguided self described journalist, just like you, adapted from Robert Zimmerman by me just for you---"There is something happening here, but you don't know what it is, do you, Mr. Happy?"
Spooner July 10, 2012 at 03:33 AM
Happy- sometimes you should do as Doctor Evil said...Zip it! Are you sure your not a Barrella clone? But listen you keep writing. . .I'm sure the FAB4 will bestow honors on you. . .maybe even present you with plaque. . . ...but listen: what does questions about...what was it football...or was it baseball. . .have too do with the Judge's injunction ruling. . .maybe you could enlighten us! ...and I think the Marina's attorney, John Jackson's opinion of Judge Grasso and his ruling as reported in the Ocean Star is right on the money. . .sorry if you don't agree. . .or whatever it is...your trying to portray or imply?? http://starnewsgroup.com/weekly/2012/07.13.12/judge_denies_07.13.12_47896.html?featured=*
Mr. Happy July 10, 2012 at 04:05 AM
Hi Important- Ah, but you see, this Mr. Jones does know what it is. And I didn't google it. I'm #1 fan. Ok don't take a hike son. But you are clearly out of your league. Son.
Important Quiestions July 10, 2012 at 12:14 PM
Hi Mr. Happy-----if you think you’re the #1 fan I can only assume you have been spending too much time with Barrella. Unless, of course, these arrogant delusions of grandeur we keep seeing from you spring from your own tortured soul.
Mr. Happy July 10, 2012 at 12:29 PM
Hi Spooner- I see taxes will increase in your town. I assume you will leave our town alone for a while, whilst you savage YOUR Mayor? Hi Important- Relax, it's too early for the hate and discontent part of the program. You might try decaf instead. Enjoy the day!
Laura July 10, 2012 at 01:30 PM
Mr. Happy, Spooner is arguing with you because his favorite blogging site, boroindependent.com, has been mia since May with no real explanation and only an occasional posting from Cortland. When or if that site starts up again, I'm sure he will be posting his disjointed arguments there.
Sam July 10, 2012 at 03:05 PM
Important Questions, Sorry to disappoint you. They are always considered paranoid ramblings of half truths if someone does not agree. Yes, lets discredit anyone who gets in our way. Let's help our own and who we support, even it is WRONG! Let's redirect the light that has been shine upon them by shining it somewhere or at someone else were it does not belong. Let's all agree to disagree. I will not believe all your paranoid ramblings or other rambling comments that are posted and you and others do not have to believe mine. Agreed. Truly priceless indeed!
Sam July 10, 2012 at 03:28 PM
Important Questions: FYI, You have the wrong sex, but keep on guessing!
Part Timer July 10, 2012 at 06:21 PM
Sorry to go off topic here but I was away for a few days... Question, on July 4th I had noticed a GOOD amount of people in town/beach walking around with there pants hanging down past there hips with there underwear showing and was wondering if there is a way the town can put a ordinance in place for indecent exposure? Other states have put this saggy pants into law...
Mr. Happy July 10, 2012 at 06:26 PM
Hi Melvin U.- You are correct, Judge Grasso is a (R) appointee. A judge at that level is immune to political pressure and free to decide a case on merit alone. And we see how that went. Keep in mind, that will be the scenario moving forward. No longer will these cases be decided by someone that will leave an appointed position when the Governor leaves. This fact must be disconcerting to those who brought the lawsuits. As to Mr. Gertner having a "Happy party" because he is cashing in. The town will probably tap additional legal help, putting a damper on the "party." Although seemingly outgunned by numbers and resources, he alone won the first go-round. And politics aside, I think even the haters would have to say that Barrella's "hand picked" attorney has shown that he is quite competent. Kinda like how David was competent when he came up against Goliath.
Sam July 11, 2012 at 01:01 PM
mattmurphy/DM,Vocie of Reasons, HAHAHA, How many MPD is that for you? I lost count because you keep on reinventing yourself. You are the one who is guilty of MPD and are putting the blame on others. You are too funny! It is not trashing if it is true. You are constantly complaining about the police and schools too....They need a reality check just like the businesses according to you. So is everyone in the community. Smile in front of them, then talk about them behind their back. I do not drink Sangria....I prefer beer,,,,,Duh! Hon, I am not a she so you definitely are mistaken who you think I am...
Sam July 11, 2012 at 02:20 PM
The only book or movie that would describe this town is Robin Hood.
Joe July 12, 2012 at 12:16 PM
matt: I would have answered you sooner. I was on vacation a few days... You are absolutely nuts....I am not Sam, don't like to drink at all. I am a male not a female...Three strikes you are out. Now, if you think there is NEPOTISM in all the towns including this one. Then there is really no hope for you! Some times they even cross to the towns that are next to each other. You hire my family member and I will hire yours. Please, everyone is aware of these practices. Its called Politics.
Joe July 12, 2012 at 12:29 PM
matt; If you really think there is not Nepotism going on in the towns including this one than you are only kidding yourself. If you think most are not aware of this, then you are only kidding yourself. Good Day Sir!
Vincent July 18, 2012 at 02:59 PM
Last weekend I received a parking ticket for no pass displayed. I have no problem paying a normal fine for the violation but Court Appearance Required is very excessive. Now I also lose a day of work and will have to pay court costs. The court date is 9/28. I wonder how many NJ residents are going to get screwed by this?
Beach_N8iv July 18, 2012 at 09:27 PM
If you have to go to court anyhow be sure to follow the instructions on the ticket and plead not guilty. If the parking nazi that wrote the ticket is back in school or otherwise unable to show up in court you walk away.
Mr. Happy July 18, 2012 at 09:54 PM
Hi Beachknave-Why do you insist on calling the college kids, working their way through college, Nazis? I know you don't like the Mayor, but college kids too? Maybe anger management would be the way to go?
Beach_N8iv July 18, 2012 at 10:42 PM
Get my name right or ignore my posts, imbecile.

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